STANDARD TERMS AND CONDITIONS

SCHLOSS ZU HOPFERAU

(Status: June 2021)

I. Scope of Application

These General Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation purposes, as well as to all additional services and deliveries provided by the hotel for the customer.

The accommodation and subletting of the provided rooms, as well as their use for purposes other than accommodation, require the prior written consent of the hotel in text form.

The customer’s general terms and conditions shall apply only if this has been expressly agreed in advance in text form.

II. Conclusion of Contract, Contracting Parties, Liability; Limitation Period

The contract is concluded upon acceptance of the customer’s booking request by the hotel. The hotel is free to confirm the room booking in text form.

The contracting parties are the hotel and the customer. If a third party makes a booking on behalf of the customer, that party shall be jointly and severally liable with the customer to the hotel for all obligations arising from the accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

All claims against the hotel shall generally become time-barred one year after the statutory commencement of the limitation period. Claims for damages shall become time-barred irrespective of knowledge after five years, unless they are based on injury to life, body, health, or freedom. Such claims shall become time-barred irrespective of knowledge after ten years. The shorter limitation period does not apply in cases of intentional or grossly negligent breaches of duty by the hotel.

III. Services, Prices, Payments, Set-Off

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of rooms and any additional services used by the customer. This also applies to services and expenses incurred by the hotel for third parties at the customer’s request. The agreed prices include the applicable statutory value-added tax.

The hotel may make its consent to a subsequent reduction in the number of booked rooms, hotel services, or the duration of the customer’s stay dependent on an increase in the price for the rooms and/or other hotel services.

Hotel invoices without a due date are payable in full within 10 days of receipt. The hotel may demand immediate payment of due claims at any time. In the event of default, the hotel is entitled to charge default interest at the applicable statutory rate of currently 8%, or 5% for consumers, above the base interest rate. The hotel reserves the right to prove higher damages.

Upon conclusion of the contract, the hotel is entitled to demand an appropriate advance payment or security from the customer in the form of a credit card guarantee, deposit, or similar. The amount of the advance payment and payment dates may be agreed in text form in the contract.

In justified cases, such as payment arrears by the customer or an extension of the contractual scope, the hotel is entitled, even after conclusion of the contract and until the start of the stay, to demand an advance payment or security as defined above or to increase the agreed advance payment or security up to the full agreed remuneration.

The customer may only offset or set off claims against the hotel with undisputed or legally established claims.

Please note that acceptance or cancellation must take place after the first offer. Depending on the short notice of the inquiry, an option period of up to two weeks is granted. Acceptance is effected by signing the event agreement and making a deposit (based on the estimated total turnover, but at least €250). Changes to the offer are possible at any time. If a second offer is requested without a binding acceptance, the hotel reserves the right to charge a service fee of €40 per offer and calculation. This amount will be credited to the final invoice if the booking is confirmed.

Please note that if you do not book official program items with us (e.g., a champagne reception), bringing and serving your own food and beverages on the castle premises is not permitted. Should food or beverages not provided by the hotel nevertheless be served to your guests on the castle grounds, the hotel reserves the right to charge a corkage fee of €300.00, regardless of effort or number of persons.

IV. Customer’s Withdrawal (Cancellation) / Non-Use of Services

Any withdrawal by the customer from the contract concluded with the hotel must be made in writing. If no such withdrawal is made, the agreed contract price remains payable even if the customer does not make use of the contractual services. Timeliness of the withdrawal declaration is determined by its receipt by the hotel.

If a deadline for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if it is not exercised in text form by the agreed deadline.

The hotel is entitled to lump-sum the damage incurred and to be compensated by the customer. If the rooms are not rented to others, the hotel may demand the contractually agreed remuneration and may lump-sum deduct saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the claimed amount.

V. Withdrawal by the Hotel

If a written agreement grants the customer a right of withdrawal within a certain period, the hotel is entitled to withdraw from the contract during this period if inquiries from other customers for the contractually booked rooms exist and the customer does not waive their right of withdrawal upon inquiry by the hotel.

If an agreed advance payment or security is not provided even after expiry of a reasonable grace period set by the hotel with notice of refusal, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to extraordinary withdrawal from the contract for objectively justified reasons, for example if force majeure or other circumstances beyond the hotel’s control make fulfillment of the contract impossible; if rooms are booked under misleading or false statements of material facts, such as the person of the customer or the purpose of the stay; if the hotel has justified reason to assume that the use of hotel services may jeopardize the smooth operation, security, or public reputation of the hotel without this being attributable to the hotel’s sphere of control; or if the purpose or reason for the stay is unlawful.

In the event of a justified withdrawal by the hotel, the customer has no claim to damages.

VI. Room Provision, Handover, and Return

The customer has no entitlement to the provision of specific rooms unless this has been expressly agreed in text form.

Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no entitlement to earlier availability.

On the agreed day of departure, rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, due to late vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. This does not establish any contractual claims for the customer. The customer is free to prove that no or a significantly lower usage fee has arisen for the hotel.

The customer is liable for damages and soiling in the hotel rooms or on the premises caused by themselves or by persons, animals, or items under their supervision. The costs for remedying such damage or soiling will be charged.

VII. Hotel Liability

The hotel is liable for its contractual obligations. Claims for damages by the customer are excluded. Exempted from this are damages resulting from injury to life, body, or health, provided the hotel is responsible for the breach of duty, as well as other damages based on intentional or grossly negligent breaches of typical contractual duties by the hotel. A breach of duty by a legal representative or vicarious agent is deemed equivalent to a breach by the hotel. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy them upon becoming aware or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize possible damage.

The hotel is liable for items brought in by the customer in accordance with statutory provisions. Liability is limited to one hundred times the room price, but not more than €3,500.00, and for money and valuables deviatingly up to a maximum of €800.00. Money and valuables may be stored in the hotel safe up to a maximum value of €800.00. The hotel recommends making use of this option.

If the customer is provided with a parking space on the hotel property, even for a fee, no custody agreement is established. The hotel is not liable for loss or damage to vehicles parked or maneuvered on the hotel premises or to their contents, except in cases of intent or gross negligence. The exclusion of claims for damages is subject to the provisions of Section 1, sentences 2 to 4, accordingly.

Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and goods deliveries for guests are handled with care. The hotel assumes delivery, storage, and—upon request and for a fee—forwarding. Claims for damages, except in cases of gross negligence or intent, are excluded in accordance with Section 1, sentences 2 to 4.

VIII. Final Provisions

Amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.

The place of performance and payment is the registered office of the hotel.

The exclusive place of jurisdiction, including for disputes relating to checks and bills of exchange, is Kempten for commercial transactions. If a contracting party fulfills the requirements of Section 38 (1) of the German Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

German law shall apply.

Should individual provisions of these General Terms and Conditions for hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.